This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Government
Social Security Administration
Review of HHS Decision (SSID)

Blanca Estela Lopez v. Commissioner of Social Security

Published: May 3, 2019 | Result Date: Mar. 18, 2019 |

Case number: 1:17-cv-01576-JDP Bench Decision –  Plaintiff

Judge

Jeremy D. Peterson

Court

USDC Eastern District of California


Attorneys

Plaintiff

James S. Pi
(Law Offices of Harry J. Binder and Charles E. Binder PC)

Shanny J. Lee
(Law Offices of Harry J. Binder and Charles E. Binder PC)


Defendant

Jeffrey J. Lodge
(Office of the U.S. Attorney)

Michael K. Marriott
(Social Security Administration)


Facts

Plaintiff Blanca Lopez sought judicial review of the final decision of the Commissioner of Social Security denying her application for Social Security Disability Insurance Benefits.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the administrative law judge improperly discounted the opinion of treating physician.

DEFENDANT'S CONTENTIONS: Defendant alleged that the lead reason the ALJ gave for discounting the treating physician's opinion was that it was inconsistent with objective medical evidence. Defendant alleged at step three, the ALJ found that plaintiff did not have an impairment or combination of impairments that met or exceeded the severity of the listed impairments. Additionally, the ALJ found that plaintiff had the residual functional capacity to perform light work, with some limitations.

Result

The court granted plaintiff's request and remanded the case for further proceedings.


#131670

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390